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WIMBERLY v. STATE

No. 41599.

434 S.W.2d 857 (1968)

Bobby Leroy WIMBERLY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

November 27, 1968.

Attorney(s) appearing for the Case

Norman Kinne, Dallas, for appellant.

Henry Wade, Dist. Atty., Dallas, Alvin Walvoord, Douglas Mulder, Kerry P. FitzGerald, Malcolm Dade and Camille Elliott, Asst. Dist. Attys., Dallas, and Leon B. Douglas, State's Atty., Austin, for the State.

OPINION

ONION, Judge.

The offense is robbery by assault with firearms; the punishment, assessed by the jury, 99 years in the Texas Department of Corrections.

The State's evidence reflects that on the afternoon of April 14, 1967, at approximately 3:30 p. m. William W. Boyd, the manager of a food market in the City of Irving (Dallas County), returned to his store's parking lot after having withdrawn $5,015...

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